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582 F.2d 348·
5th Cir.·
1978-10-23
·cited 251×
The court holds that while generally mixed habeas petitions should be dismissed, district judges may address exhausted grounds when fundamental rights are at stake, and such decisions will be reviewed on the merits.
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619 So. 2d 261·
Fla.·
1993-04-01
·cited 91×
William Lee Thompson appealed his death sentence imposed after remand for resentencing in a 1976 kidnapping-murder case. The Florida Supreme Court affirmed the death penalty, finding harmless error regarding the admission of autopsy photographs and the use of the 'cold, calculate
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733 F.2d 766·
11th Cir.·
1984-05-16
·cited 74×
The court held that a defendant may waive their right to be present at critical stages of a capital trial, and the specific circumstances of the defendant's absence during voir dire require further inquiry into knowing and voluntary waiver.
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720 F.2d 839·
5th Cir.·
1983-12-05
·cited 62×
The court held that the petitioner's contentions regarding the Enmund issues, denial of an evidentiary hearing, and evidentiary error at the sentencing hearing did not warrant federal habeas relief.
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365 F.3d 1273·
11th Cir.·
2004-04-16
·cited 49×
Michael Donald Dodd, a federal prisoner convicted of engaging in a continuing criminal enterprise (CCE) and other drug offenses, appealed the dismissal of his 28 U.S.C. § 2255 petition challenging his conviction on Sixth Amendment and Due Process grounds based on Richardson v. Un
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717 F.2d 171·
5th Cir.·
1983-10-14
·cited 49×
The court held that the petitioner's Sixth Amendment claims regarding self-representation and ineffective assistance of counsel, as well as his Eighth Amendment claim regarding sentence proportionality, lacked merit, and affirmed the denial of habeas corpus relief.
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416 F.2d 98·
5th Cir.·
1969-09-26
·cited 43×
The Fifth Circuit affirmed the district court's denial of habeas corpus relief, finding no federal constitutional grounds for the petitioner's claims.
-
704 F.2d 232·
5th Cir.·
1983-05-06
·cited 42×
The court held that the district court erred in dismissing the claim of ineffective assistance of counsel without an evidentiary hearing, as the allegations, if true, could establish a constitutional violation.
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862 F.2d 1504·
11th Cir.·
1989-01-12
·cited 31×
The court held that the trial judge did not abuse his discretion in conducting voir dire, and that the denial of the second change of venue motion was not a violation of the petitioner's constitutional rights to an impartial jury.
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752 F.2d 1079·
5th Cir.·
1985-02-14
·cited 31×
A guilty plea is valid if entered voluntarily, knowingly, and intelligently, even if the state trial judge fails to explain all elements or lesser included offenses, provided the defendant understood the charge and consequences.
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699 F.2d 198·
5th Cir.·
1983-02-07
·cited 28×
The court held that the district court clearly erred in finding the plea bargain did not include a promise of parole eligibility, reversing the denial of habeas corpus relief.
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706 F.2d 902·
9th Cir.·
1983-04-21
·cited 25×
A violation of the Interstate Agreement on Detainers (IAD) timely trial provisions constitutes an exceptional circumstance requiring federal habeas corpus relief, but the prisoner waived his rights by agreeing to continuances.
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724 F.2d 1425·
4th Cir.·
1983-12-29
·cited 23×
The court held that the district court did not err in denying the habeas corpus petition, affirming the denial of relief to the state prisoner.
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840 F.2d 787·
11th Cir.·
1988-03-09
·cited 21×
The court affirmed the denial of federal habeas corpus relief, finding no violation of the defendant's constitutional rights.
-
681 F.2d 946·
5th Cir.·
1982-07-02
·cited 20×
The court held that while the denial of in forma pauperis status and dismissal of a claim based on state procedural rules were proper, other claims regarding an involuntary guilty plea stated a valid basis for federal habeas corpus relief.
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544 F.2d 1305·
5th Cir.·
1977-01-10
·cited 20×
A guilty plea, entered with advice of counsel, breaks the chain of prior constitutional violations, and federal habeas relief is limited to the voluntariness and knowing character of the plea itself.
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637 F.2d 271·
5th Cir.·
1981-01-29
·cited 18×
The court held that a defendant sentenced under a mandatory statute, when entitled to discretionary sentencing under state law, is denied due process.
-
833 F.2d 1165·
5th Cir.·
1987-12-15
·cited 16×
The court held that the petitioner's habeas petition was properly dismissed under Rule 9(b) for abuse of the writ, as he failed to provide a sufficient excuse for not raising the claims in a prior petition.
-
796 F.2d 108·
5th Cir.·
1986-08-06
·cited 16×
The Double Jeopardy Clause does not bar successive prosecutions for felony-murder and an underlying felony if the underlying felony is not the sole basis for the felony-murder prosecution, nor is it implicated by considering a crime as an aggravating circumstance during sentencin
-
728 F.2d 1389·
11th Cir.·
1984-04-02
·cited 16×
The dissenting judge would affirm the district court's denial of habeas corpus relief, finding the jury instruction constitutional and the defendant not prejudiced by any alleged defect.
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550 F.2d 1094·
8th Cir.·
1977-03-01
·cited 16×
The Eighth Circuit held that the petitioner was provided an opportunity for full and fair litigation of his Fourth Amendment claim in state court, precluding federal habeas relief under Stone v. Powell.
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798 F.2d 182·
7th Cir.·
1986-08-04
·cited 14×
The court held that the Illinois statute, as construed, does not require the Prisoner Review Board to review revocations of 'good time' credits, only 'good conduct' credits. Therefore, Mosley's claim for habeas relief based on the lack of such review fails.
-
672 F.2d 457·
5th Cir.·
1982-04-05
·cited 14×
A confession obtained after a defendant invoked his right to counsel, even if readvised of his rights, is inadmissible.
-
750 F.2d 798·
9th Cir.·
1984-12-28
·cited 13×
The court held that the Arizona Court of Appeals did not apply a procedural bar when it addressed the merits of Huffman's federal constitutional claim, and that the jury instructions, when viewed as a whole, did not create an unconstitutional presumption that shifted the burden o
-
823 F.2d 975·
6th Cir.·
1987-07-21
·cited 12×
The court held that the Sentencing Reform Act's amendments do not apply retroactively to the petitioner's sentence and that the Act's provisions for parole determination are not yet effective for him.
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806 F.2d 1447·
9th Cir.·
1986-12-30
·cited 12×
The court held that individuals arrested for DWI have no constitutional right to refuse a breathalyzer test, and criminalizing such refusal does not violate the Fourth or Fourteenth Amendments.
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765 F.2d 504·
5th Cir.·
1985-07-15
·cited 12×
The court held that while the district court erred in converting a motion to dismiss to summary judgment without notice, the error was harmless. The court affirmed the denial of the habeas corpus petition, finding no reversible error in the petitioner's claims.
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592 F.2d 1264·
5th Cir.·
1979-04-10
·cited 12×
The court held that the petitioner had sufficiently exhausted state remedies for his federal habeas corpus claims, as the state appellate court had a fair opportunity to consider them.
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554 F.2d 1360·
5th Cir.·
1977-07-01
·cited 12×
The court held that the petitioner's conviction was constitutionally infirm due to denial of effective assistance of counsel.
-
968 F.3d 1246·
11th Cir.·
2020-08-04
·cited 11×
The Eleventh Circuit held that the district court did not violate Clisby v. Jones by failing to address an independent coercion claim, as none was clearly presented. It also affirmed the denial of habeas relief on claims of ineffective assistance of counsel regarding prosecutoria
-
961 F.2d 448·
4th Cir.·
1992-03-24
·cited 10×
-
674 F.2d 522·
6th Cir.·
1982-03-22
·cited 10×
Federal habeas relief is available when a state court's application of a procedural rule, even if facially adequate, frustrates a defendant's opportunity to fully litigate a Fourth Amendment claim.
-
671 F.2d 1218·
8th Cir.·
1982-03-11
·cited 10×
The court held that the petitioner had exhausted state remedies for direct appeal issues and affirmed the dismissal of ineffective assistance of counsel and jury selection claims.
-
576 F.2d 564·
4th Cir.·
1978-05-01
·cited 10×
A guilty plea is not rendered involuntary by the failure to advise a defendant of potential parole eligibility, as this is not a direct consequence of the plea.
-
450 F.2d 514·
2d Cir.·
1971-10-28
·cited 10×
The court held that the appellant failed to demonstrate a basis for ordering an evidentiary hearing on his alleged deprivation of federal constitutional rights regarding the right to appeal from a guilty plea.
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649 F.2d 324·
5th Cir.·
1981-06-30
·cited 9×
The court held that post-trial evidence created a real, substantial, and legitimate doubt as to the petitioner's competency to stand trial, warranting a federal evidentiary hearing.
-
837 F.3d 1195·
11th Cir.·
2016-09-20
·cited 8×
Kevin Sullivan was convicted of fleeing police, cocaine possession, and drug paraphernalia possession after his trial counsel, unaware that Florida had abolished voluntary intoxication as a defense in 1999, advised him to reject a pretrial plea offer and proceed to trial based on
-
881 F.2d 602·
9th Cir.·
1989-03-27
·cited 8×
A habeas petitioner can obtain relief for a state trial court's violation of state law in accepting a guilty plea if the petitioner shows a reasonable probability that, but for the error, they would not have pleaded guilty.
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744 F.2d 1166·
5th Cir.·
1984-10-29
·cited 8×
The court affirmed the denial of federal habeas corpus relief, finding no violation of due process from the admission of evidence regarding the victim's will, the alleged withholding of exculpatory evidence, or the jury charge.
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507 F.2d 390·
7th Cir.·
1974-12-10
·cited 8×
The court held that the petitioner did not waive his claim of an involuntary confession and that the confession was indeed involuntary due to the totality of the circumstances.
-
482 F.2d 804·
9th Cir.·
1973-07-12
·cited 8×
The court held that the pretrial photographic identification procedures and the warrantless search of the vehicle did not violate the petitioner's constitutional rights.
-
444 F.2d 438·
5th Cir.·
1971-06-21
·cited 8×
-
917 F.2d 738·
2d Cir.·
1990-10-30
·cited 6×
A dismissal without prejudice to allow exhaustion of state remedies would time-bar a § 1983 claim if the statute of limitations has run, and a judicial stay, not dismissal, is the proper mechanism to avoid the limitations bar.
-
867 F.2d 1216·
9th Cir.·
1989-02-09
·cited 6×
The court held that the petitioner's claims regarding the habitual criminal finding, right to counsel, and Eighth Amendment challenge to his life sentence lacked merit.
-
805 F.2d 1190·
5th Cir.·
1986-12-01
·cited 6×
The court held that the prisoner failed to make a substantial showing of the denial of a federal right, thus denying his request for a certificate of probable cause and a stay of execution.
-
769 F.2d 402·
7th Cir.·
1985-07-29
·cited 6×
The court held that the prosecutor's elicitation of improper testimony, even if careless or reckless, did not impermissibly influence the jury's determination of guilt, and thus federal habeas corpus relief was not warranted.
-
733 F.2d 1492·
11th Cir.·
1984-06-07
·cited 6×
The admission of hearsay statements identifying the driver of a car, lacking adequate indicia of reliability, violated the defendant's Sixth Amendment right to confrontation and was not harmless error.
-
720 F.2d 766·
3d Cir.·
1983-11-03
·cited 6×
The court concurred in the judgment, finding that even if a constitutional violation occurred, the overwhelming evidence of guilt rendered it non-prejudicial.
-
618 F.2d 877·
1st Cir.·
1980-04-08
·cited 6×
The court held that the petitioner was afforded a full and fair opportunity to litigate his Fourth Amendment claims in state court, despite a misallocation of the burden of proof, and thus federal habeas corpus relief was barred.
-
495 F.2d 335·
3d Cir.·
1974-03-20
·cited 6×
The court held that the defendant was not denied effective assistance of counsel when entering his guilty plea, and therefore the plea was voluntary.